HC Deb 31 October 1911 vol 30 cc692-4
Mr. MORRELL

asked (1) what was the total amount of costs incurred by the Government of Bengal in undertaking the defence of Mr. Weston and two I police officers in the civil action brought against them after the acquittal of the prisoners in the Midnapore case; whether the Government are again undertaking the legal costs of the defendants in the appeal which is now proceeding; and whether there is any precedent for this further expenditure of public money; and (2) whether an application has been made by the successful plaintiff in the civil action following on the Midnapore case, that the defendants should give security for the costs already awarded by the Court, and the costs to be further incurred in consequence of the appeal or, in the alternative, that the Government should give an undertaking to be responsible for such costs in the event of the appeal being dismissed; and what is the attitude of the Government in the matter?

Mr. RAMSAY MACDONALD

asked what decision the Indian Government has come to regarding the Midnapore Damage suit; whether it proposes to pay the expense of a further appeal; how much the case has cost the Government up to date; and whether it proposes to pay any of the expenses of the prosecution as well as of the defence?

Mr. MONTAGU

The Government is undertaking the costs of the defendants in the appeal against the judgment in the Midnapore civil suit. As regards the principle involved in this decision, I would refer to the answer that I gave to my hon. Friend the Member for North Salford on the 10th August. The costs in the original suit were estimated to come to about Rs. 75,000; and I understand that the total costs may amount to about twice that sum. The plaintiff has applied that the defendants shall give security for costs, and this application will be heard by the High Court on the 27th November. The Bengal Government are prepared, if required, to furnish the security or to guarantee it.

Mr. MORRELL

I would like to ask if there is any precedent for financing an appeal after a police officer has already been defeated?

Mr. MONTAGU

I think the principle generally accepted is that the Government should do everything in its power to help officers to clear their characters when their characters are impugned in the discharge of their official duties. The judgment of the Lower Court not being final, the course proposed is strictly in accordance with precedent.

Mr. MORRELL

Are we to understand that if this appeal is lost, the Government will carry the matter a step further?

Mr. MONTAGU

I would rather the hon. Member waited until the appeal was heard.

Mr. RAMSAY MACDONALD

asked whether the two policemen involved in the Midnapore case who received honours whilst the case was sub judice, and who have now been condemned by the courts, are to be allowed to retain their honours?

Mr. MONTAGU

The case is still sub judice, and the condemnation is therefore not final.

Mr. RAMSAY MACDONALD

Is it sub judice on account of the appeal?

Mr. MONTAGU

Yes.